Seyfarth Synopsis: Across nationwide testing, marijuana positivity rates for 2022 reached 4.3% (up from 2.7% in 2017), with biggest gains found in states that legalized recreational marijuana....more
Seyfarth Synopsis: The rate of positive drug test results among America’s workforce reached its highest rate in 2021 since 2001, and was up more than 30% in the combined U.S. workforce from an all-time low in 2010-2012,...more
Seyfarth Synopsis: New York has become the latest state to enact a law protecting the use of personal nonmedical cannabis for individuals age 21 and over. As one of the nation’s largest cannabis markets, New York will...more
Seyfarth Synopsis: New Jersey recently enacted a law permitting personal, nonmedical use of marijuana for individuals age 21 and over. Separate laws decriminalize marijuana and hashish possession and set out the penalties...more
1. Introduction -
Despite the COVID-19 pandemic, drugs and alcohol remain a significant occupational safety issue for employers across the country. The legal environment is rapidly changing for many drugs, and additional...more
Employers considering a tolerant attitude towards recreational cannabis in the workplace should consider safety hazards and legal liabilities. ...more
1/22/2020
/ Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Hemp ,
Marijuana ,
Medical Marijuana ,
OSHA ,
Recreational Use ,
Safety Standards ,
Workplace Safety ,
Zero Tolerance Policies
Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action....more
12/19/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Good Faith ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Policies and Procedures ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Injury ,
Workplace Safety
Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more
10/15/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Truck Drivers ,
Department of Transportation (DOT) ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Termination ,
Trucking Industry ,
Zero Tolerance Policies
Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more
6/28/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use....more
5/16/2019
/ Adverse Employment Action ,
Cannabis Products ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Regulatory Agenda ,
State and Local Government ,
Workplace Safety
Seyfarth Synopsis: In recent decisions—including Secretary of Labor v. Integra Health Management, Inc., No. 13-1124 (OSHRC Mar. 4, 2019)—the Occupational Safety and Health Review Commission (OSHRC) has upheld violations of...more
3/27/2019
/ Administrative Law Judge (ALJ) ,
Emergency Management Plans ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Healthcare ,
Home Healthcare Workers ,
Hostile Environment ,
Mass Shootings ,
OSHA ,
Workplace Hazards ,
Workplace Safety ,
Workplace Violence
Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its Behind the Wheel at Work Newsletter with the “latest news from the NIOSH Center for Motor Vehicle Safety.”...more
The flu and cold season is now approaching. Tragically, each year, a number of deaths result from flu and other infectious diseases. Employers again routinely face concerns about how to respond to highly infectious diseases...more
11/14/2018
/ Americans with Disabilities Act (ADA) ,
Employer Liability Issues ,
Employment Policies ,
Incident Response Plans ,
Infectious Diseases ,
OSHA ,
Premises Liability ,
Public Health ,
Reasonable Accommodation ,
Vaccinations ,
Workers' Compensation Claim
Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.” ...more
Seyfarth Synopsis: OSHA has just issued a Standard Interpretation clarifying the Obama-era guidance that prohibited incentive programs and circumscribed post-incident drug testing; “Clarification of OSHA’s Position on...more
Seyfarth Synopsis: Employers must evaluate their safety protections for pregnant women and engage in the interactive process with employees to find reasonable accommodations....more
9/17/2018
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Employee Reassignment ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
OSHA ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Risk Mitigation ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: NIOSH has released a study on the safety and health hazards posed by marijuana growing farms. Of concern for employers are the risks for musculoskeletal disorders, as well as dermal contact exposure to...more
5/16/2017
/ Agricultural Land ,
Agricultural Sector ,
Agricultural Workers ,
Employer Liability Issues ,
Employment Policies ,
Farms ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
NIOSH ,
Workplace Hazards ,
Workplace Safety
Seyfarth Synopsis: As OSHA’s enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard....more
10/13/2016
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Distracted Driving ,
Employer Liability Issues ,
Employment Policies ,
General Duty Clause ,
Mobile Apps ,
Mobile Devices ,
OSHA ,
Pokemon ,
Protected Concerted Activity ,
Smartphones ,
Technology ,
Video Games ,
Workplace Safety
Seyfarth Synopsis: OSHA Interim Guidance recommends that all employers develop and implement policies to deal with Zika virus.
What is Zika?
The Zika virus disease (Zika) primarily is spread through the bites of...more